France Terminale Law and Major Issues of the Contemporary World
Chapters: 3
1. Introduction: what is law?
What is law?
- What Is Law? The Basics – Law is a set of general, binding rules made or recognised by the state and enforced by courts. It overlaps with morality but is not the same. Its sources are the constitution, treaties, statutes, regulations, case law and custom, arranged in a hierarchy. Natural persons and legal persons (like companies) hold rights and duties. Everyday law includes contracts, consumer protection and access to courts.
2. How law is organised
Sources of law · The French court system · International and EU law
- What Is Law? The Basics – Law is a set of general, binding rules made or recognised by the state and enforced by courts. It overlaps with morality but is not the same. Its sources are the constitution, treaties, statutes, regulations, case law and custom, arranged in a hierarchy. Natural persons and legal persons (like companies) hold rights and duties. Everyday law includes contracts, consumer protection and access to courts.
- The Justice System: How Disputes and Crimes Are Settled – A justice system is the set of rules, people and courts a society uses to settle disputes fairly and deal with crimes. Many disputes end without court through negotiation, mediation or arbitration (ADR). Civil cases are between parties and end in compensation; criminal cases are brought by the state and can end in punishment. In a trial each side brings evidence; the claimant must prove a civil case on the balance of probabilities, and the prosecution must prove a crime beyond reasonable doubt. A losing party can appeal to a higher court. Judges must be independent. Young people are judged in special youth courts that focus on protection and education.
- International Law: How States Make and Keep Rules – International law is the set of rules that states (and international organisations) accept as binding in their dealings with each other. There is no world parliament or world police, so states make the rules themselves, mainly through treaties and custom, plus general principles of law; court decisions and expert writings help to find the rules. It grew from the idea of equal sovereign states (1648) to the United Nations (1945) and human-rights law (1948 onwards). The UN and its International Court of Justice help keep peace and settle disputes. States settle disputes by negotiation, mediation, arbitration or courts. Each country decides how treaties enter its own (municipal) law: monist states apply them directly; dualist states, like India and the UK, need an act of parliament.
3. Contemporary legal questions
Legal persons · Liberty, equality, fraternity · Person and family law · Business law · Digital law: IP, personal data, AI
- What Is Law? The Basics – Law is a set of general, binding rules made or recognised by the state and enforced by courts. It overlaps with morality but is not the same. Its sources are the constitution, treaties, statutes, regulations, case law and custom, arranged in a hierarchy. Natural persons and legal persons (like companies) hold rights and duties. Everyday law includes contracts, consumer protection and access to courts.
- Civil Liberties and Civil Rights – Civil liberties are freedoms the government must not take away: speech, press, religion, peaceful assembly, privacy and fair treatment by police and courts (due process). Civil rights are guarantees of equal treatment, so no one is denied jobs, schools, votes or services because of race, caste, religion, gender or disability. Most constitutions write these down in a bill or charter of rights, and courts protect them. No freedom is unlimited: fair, legal limits protect public safety and other people's rights. Equal rights were won by social movements, from women's suffrage and India's ban on untouchability to the US civil rights movement and the end of apartheid. Governments then add laws and policies, such as anti-discrimination laws and affirmative action, while balancing majority rule with minority rights.
- Family Law: Marriage, Parents and Children – Family law is the part of private (civil) law that deals with marriage, the relationship between spouses, parents and children, divorce, maintenance, guardianship and adoption. In most countries a valid marriage needs two adults who freely agree, are not already married and are not close relatives, and it is registered. Spouses have equal rights and duties. Parents must care for, maintain and educate their children, and every decision about a child follows the principle of the child's best interests. Children without parental care are protected through guardianship, foster care and adoption.
- Business Law: The Rules Every Business Must Follow – Business law is the set of rules made by government and enforced by courts that a business must follow. It decides the legal form of a business and who pays its debts (liability), when a promise becomes a contract, how workers must be treated (wages, equality, safety), what customers can demand (goods that work and are as described), and how disputes are settled.
- Law and Computing: Rules for Using Computers and Data – Laws protect people when they use computers. Copyright protects the maker of a work, privacy (data protection) law protects information about you, computer misuse law protects computers from unauthorised access, and contract law makes online agreements binding. Details differ by country, but the ideas of permission, consent and fair use are shared.